Everyone ought to bear in mind that his/her actions will always affects others, whether directly or indirectly. This explains the need for proper actions and concern for the safety of others at all times.
Yet, no matter how careful one is, there is always someone whose thoughts are centered only to him/her self, being mindless of other’s situations and circumstances. This attitude is what always leads to accidents or causes injuries. Some of the types of accidents that have occurred due to this kind of attitude are motor vehicle accidents, product defects/ liabilities, job-related accidents, dental or medical errors and slip and fall accidents.
There are instances, however, when the injury is too severe, so that the victim is not able to handle the pain or severity of the injury; this is when wrongful death occurs. Any act that causes injury or death, so long as it is due to one’s negligence, carelessness or recklessness, is considered as a civil offense or a tortious act. In the legal sense, the person / firm (legally called the tortfeasor) responsible for the injury is required by law to pay compensation to the victim (or the victim’s family) which will cover all the damages (such as cost of medical treatment and loss of earning) he / she has and will suffer.
In cases where the victim has died, any of his/her survivors, called real parties in interest, may act as a representative on his or her behalf and file a wrongful death claim or lawsuit against the liable party. The word survivors may refer to: immediate family members, like spouse, children or adopted children or parents if victim is unmarried; and, distant family members, like brother and sister grandparent; financial dependents, life partner or putative spouse.
Knowing and understanding what your rights are is highly important in the event of the wrongful death of a loved one. A lawyer whose expertise covers personal injury laws will definitely be a great help to you and your family.
Each year, about 4.5 million people are bitten by dogs, and 800,000 of these bites require medical attention. Unfortunately, man’s best friend isn’t always every man’s best friend, which, according to is why certain states have dog-bite statutes in order to protect both owners and victims in the case of injury.
Under the “one-bite” rule, a dog’s owner is held liable for injuries only if they knew the dog was likely to cause an injury. For example, if a dog snaps or growls at people, or has bitten before even if they showed no previous signs of aggression, then the owner has reason to know that the dog is likely to cause injury. These owners must take certain action in order to prevent foreseeable danger. Many states only have statute that cover dog bites, so common law is used in other cases such as injuries caused by a dog acting playfully.
If you are injured or bit by a dog, there are certain steps that you should take in order to protect your health and interests in the event of a court case. These steps include:
Dog owners can be held liable for a dog bite injury if the owner knew that their dog had a tendency to cause injury, if a state’s dog bite statute makes the owner liable, or if the injury was caused by the owner’s unreasonable carelessness. For example, if someone leaves their dog in the back yard and fails to close the gate, leading to the dog escaping and biting a neighbor, then the owner is held liable because they negligently left the gate open. However, a dog owner can escape liability if the person injured provoked the attack, or knowingly put themselves at risk of being bit.
According to the National Highway Traffic Safety Administration, pedestrian fatalities totaled 4,432 in 2011, and about 70,000 pedestrians were injured in 2010. Pedestrians are actually 1 ½ times more likely to be killed in an accident than passenger vehicle occupants. However, there are actions that both drivers and pedestrians can take in order to help decrease these numbers.
The common causes of pedestrian accidents include:
Fortunately, there are things that pedestrians can do in order to decrease their likelihood of being involved in an accident. These things include crossing a street at a designated crosswalk, increasing their visibility at night, and walking facing traffic if walking on a sidewalk is not an option. According to personal injury lawyer Joe Miller Law, Ltd., people often assume that if the police did not issue the driver a ticket, then the driver was not at fault for hitting a pedestrian. However, it is a motor vehicle driver’s duty to pay attention to the road. If witnesses or evidence show that the driver had a clear line of site and sufficient time to avoid hitting a pedestrian, then they are likely at fault for the accident even if they were not ticketed.
It may be difficult to pursue a pedestrian accident case if there is a lack of appropriate evidence or insurance, which is why it is important to contact an attorney who can look into the facts and fight for your best interest. If you or a loved one was involved in a pedestrian accident, then you may be entitled to compensation for your injuries.
You trust nursing home facilities to take care of your aging loved ones, so it can be devastating when they fail to do so. Unfortunately, nursing home abuse is one of the most underreported forms of abuse, with only 1 in 14 incidents being reported to authorities. The best way to reduce this number is to become aware of the signs of nursing home abuse, and report it when you see them.
According to the website of the nursing home malpractice attorneys at Joe Miller Law, Ltd., factors leading to nursing home injuries include lack of proper supervision, training, or staffing, and failure to follow proper medical procedures. No matter the excuse, nursing home abuse or neglect is unacceptable. Unfortunately, 90% of nursing homes are understaffed, which means that regular monitoring of residents can fall flat. Without regular monitoring, injuries can become more severe. For example, slip and falls are the most common types of injuries among the elderly and are dangerous because of the increased likelihood of bone breaks or fractures. If residents are not properly observed, then they are far more likely to experience additional trauma if they were left unattended for too long after a fall.
Not all warning signs of nursing home abuse are as obvious as others, but they all require further investigation and medical attention. Warning signs of nursing home abuse include:
Cuts, bruises, and infections are far slower to heal in elderly patients, so they require immediate medical attention and should not be ignored by family members or nursing home staff. If you notice any of these red flags, you should begin by notifying nursing home management. If management chooses not to address your concerns, then it is important to contact a lawyer and take legal action to protect your loved ones and prevent further abuse.
If someone dies due to the negligence or fault of a third party, such as another person or manufacturer, their survivors can sue for wrongful death. A wrongful death lawsuit typically seeks compensation for funeral expenses, survivors’ loss, and lost wages of the deceased. A wrongful death claim is filed by a representative of the survivors, or “real parties in interest.” According to the website of the wrongful death lawyers of Joe Miller Law, Ltd., these people may be immediate family members, life partners, financial dependents, distant family members, and even parents of a deceased child.
A recent example of a wrongful death case is that of a New Jersey family. A 30-year old man was working at a Manhattan construction site when a crane collapsed and took his life. The U.S. Occupational Safety and Health Administration found that the crane owner, Yonkers Contracting, had not performed required inspections of the aging crane. The cable holding up the crane was frayed before it collapsed, meaning the accident was preventable. Despite legal findings, Yonkers Contracting admitted no wrongdoing, but the case was settled for $1 million, all of which went to the surviving family.
Wrongful death claims involve many types of fatal accidents from car accidents to medical malpractice, meaning that wrongful death action can be taken against a variety of defendants. These defendants can include, but are not limited to:
Wrongful death can be devastating for survivors, and no one should have to lose a loved one due to the negligence of another person or company. However, there is legal action you can take in order to receive compensation for your loss.
Every 48 minutes someone dies in an accident involving an alcohol-impaired driver. The legal drinking age is 21 in the United States, but you are considered to be driving drunk if you are operating a vehicle with a BAC of 0.08 or higher. Drunk driving accidents are preventable, and the obvious solution to prevent drunk driving accidents is not to drink and drive.
According to the website of personal injury lawyer Joe Miller Law, Ltd., the National Highway Transportation and Safety Administration reported that 70% of drivers involved in drunk driving fatalities had a blood alcohol content of at least .15. DUI deaths have declined in the last 10 years due to better driver education, programs, and enforcement, however they still account for 10,000 deaths per year.
Law enforcement officers are doing their part to prevent drunk driving, such as setting up sobriety checkpoints and requiring previous offenders to have ignition interlocks or substance abuse treatment. There are also ways that individuals can prevent drunk driving, such as:
Depending on the state you live in, the penalties for a DUI can include punishments from hefty fines to jail time. However, if you drive drunk, you are doing more than just risking punishment, you are also endangering both your safety and the safety of others on the road. Just because you don’t drink and drink, doesn’t mean other drivers have made the same decision. There are signs that a driver on the road may be impaired, such as swerving, delayed reactions to road conditions, and sloppy lane changing. If you notice any of these behaviors, then do your best to avoid the vehicle and alert authorities so that you can protect yourself and others from being involved in a drunk driving accident.